Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 998
       
       
       
       
       
       
                                Barcode 578214                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/27/2011 10:27 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 289 - 301
    4  and insert:
    5         (11) A cause of action may not be commenced under this
    6  section if the claim is presented more than 1 year after a law
    7  or regulation is first applied by the governmental entity to the
    8  property at issue. For purposes of determining when this 1-year
    9  claim period accrues:
   10         (a)1. A law or regulation is first applied upon enactment
   11  and notice as provided for in this subparagraph if the impact of
   12  the law or regulation on the real property is clear and
   13  unequivocal in its terms and notice is provided by mail to the
   14  affected property owner or registered agent at the address
   15  referenced in the jurisdiction’s most current ad valorem tax
   16  records. The fact that the law or regulation could be modified,
   17  varied, or altered under any other process or procedure does not
   18  preclude the impact of the law or regulation on a property from
   19  being clear or unequivocal pursuant to this subparagraph. Any
   20  notice under this subparagraph shall be provided after the
   21  enactment of the law or regulation and shall inform the property
   22  owner or registered agent that the law or regulation may impact
   23  the property owner’s existing property rights and that the
   24  property owner may have only 1 year from receipt of the notice
   25  to pursue any rights established under this section.
   26         2. Otherwise, the law or regulation is first applied to the
   27  property when there is a formal denial of a written request for
   28  development or variance.
   29         (b) If an owner seeks relief from the governmental action
   30  through lawfully available administrative or judicial
   31  proceedings, the time for bringing an action under this section
   32  is tolled until the conclusion of such proceedings.
   33         (13) In accordance with s. 13, Art. X of the State
   34  Constitution, the state, for itself and for its agencies or
   35  political subdivisions, waives sovereign immunity for causes of
   36  action based upon the application of any law, regulation, or
   37  ordinance subject to this section, but only to the extent
   38  specified in this section. This section does not affect the
   39  sovereign immunity of government.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete lines 26 - 29
   44  and insert:
   45         made by the act; revising the time in which an action
   46         must be commenced to challenge a restriction on the
   47         use of real property; waiving sovereign immunity for
   48         certain actions to challenge a restriction on the use
   49         of real property;